Real Estate Law

Real Estate 101

Real estate law sets out the rules how to buy and sell property and how the property can be used. The rights granted to owners of real estate are determined by federal, state and local law. There are various rules that govern different types of structures built upon a land that will effect how the property is treated under the law. Single family properties, duplexes, multi-family apartments, commercial buildings, mixed-use buildings, townhouses, condos, co-ops all have different legal formalities that need to be observed.

Transfer of Real Property

A deed is the formal legal document that transfers property from one entity to another entity. The deed typically identifies the buyer, provides a legal description of the property and also includes a signature of the party or parties that is selling or transferring the property. It is always a good idea to have a qualified real estate lawyer prepare any important documents when property is transferred.  Typically a real estate closing will have an attorney that represents the interests of the buyer and a different attorney that represents the interests of the seller. In instances in which a mortgage is involved there may also be an attorney that represents the interests of the bank to make sure that all the closing documents, including the mortgage note  is properly executed and duly filed with the county clerk or other recording agency.